What is an aggravated felony?

There is a second type of crime that can cause you to be deported. This type of crime is known as an aggravated felony. The reason for the distinction between the two types of crimes is to deny certain exceptions or relief from deportation to immigrants who committed really bad crimes while they were in the US. There are a lot of aggravated felonies listed in the INA. These include murder, rape, sexual abuse of a minor, drug/weapon trafficking, and money laundering/fraud in excess of $10,000.

Also included are two umbrella crimes. The first are crimes of violence for which the term of imprisonment is at least one year. A crime of violence is any crime where force is used or threatened against a person or property. It also includes any crimes that involve the substantial risk that physical force may be used during their commission. The second umbrella aggravated felony is a theft offense for which the term of imprisonment is at least one year. This includes crimes like burglary and receiving stolen property, as long as the prison sentence is at least one year.

Like much of the INA, determining what counts as an aggravated felony can be complicated. This FAQ is only meant to provide a basic outline of these sections. If you are concerned about how these sections may apply to you, you need to discuss it with the immigration law specialists at the Hacking Law Practice, LLC. We have a wealth of experience dealing with immigration authorities to get successful results for our clients. Contact us today at (314) 961-8200 or by filling out our online contact form.

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